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Pelosi Won't Take Legal Action Over Raid

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House Speaker Nancy Pelosi has decided against filing a motion with a federal appeals court objecting to last year's FBI raid on Rep. William Jefferson's Capitol Hill office, according to Democratic insiders.

Pelosi (D-Calif.), who had considered such a motion, had indicated she would not move forward unless joined by Minority Leader John A. Boehner (R-Ohio) and other senior Republicans, the sources said.

But the fact that she even considered such a move and had discussed the issue with her colleagues shows how concerned top lawmakers remain about the unprecedented nature of the FBI raid.

Jefferson (D-La.) is at the center of an ongoing corruption probe by the Justice Department that has already resulted in sentences for Brett Pfeffer, a former Jefferson aide, and Vernon Jackson, a Kentucky businessman, for their roles in the alleged bribery scheme.

Jefferson has repeatedly denied any wrongdoing and won reelection despite the investigation.

FBI agents, armed with a search warrant from a federal judge, conducted an unprecedented search on Jefferson's office in the House Rayburn Office Building on May 20. At the same time, FBI agents found $90,000 in cash in a freezer in his Virginia home that he allegedly used to bribe a senior Nigerian government official. Jefferson, Pfeffer, Jackson, several of Jefferson's family members and others were involved in various telecommunications deals in Africa.

The FBI raid of Jefferson's office infuriated lawmakers on both sides of the aisle, including then-Speaker Dennis Hastert (R-Ill.), who complained directly to President Bush over what he saw as a serious infringement of the legislative branch's independence. The Bipartisan Legal Advisory Group -- made up of Hastert, Pelosi and other leaders from both parties -- filed a motion supporting the congressman's attempt to have the seized documents returned to him.

A federal judge initially ruled against Jefferson and the House leaders, but the case has been hung up in the U.S. Court of Appeals for the District of Columbia.

Jefferson's attorneys and federal prosecutors are fighting over whether the Justice Department violated the Speech or Debate Clause of the Constitution in seizing documents and other materials from Jefferson's office. The Speech or Debate Clause protects lawmakers from unwarranted intrusion by the executive branch.

Jefferson claims the FBI violated the law in conducting the raid. The government, though, argues the search complied with the law and members of Congress have no special protection from criminal searches.

Pelosi raised the issue of filing a motion with the appeals court during a meeting of top Democrats earlier this week, according to several people at the session. As speaker, they said, she remains concerned that the FBI raid would set a precedent for future criminal investigations of sitting lawmakers, one that could permanently alter the balance of power between the legislative and executive branches.

Pelosi, as she did last year in joining the original bipartisan motion, did not intend to defend Jefferson's actions, but was concerned about protecting the prerogatives of the House, the sources said.

Jefferson remains a problem for Pelosi on another matter as well. Republicans have threatened to force a floor vote if Democrats try to appoint him to the House Homeland Security Committee, and Democrats -- at least for now -- want to avoid a floor fight.

Pelosi removed Jefferson from his seat on the House Ways and Means Committee last year. But under pressure from the Congressional Black Caucus, she agreed to give him the Homeland Security post.

Without the approval of the full House, though, Jefferson will not have any committee assignments.